ATHAR Vs. STATE OF U P
LAWS(ALL)-2019-5-225
HIGH COURT OF ALLAHABAD
Decided on
May 10,2019
Athar
Appellant
VERSUS
STATE OF U P
Respondents
Referred Judgements :-
ANIL RAI VS. STATE OF BIHAR [REFERRED TO]STATE OF UTTAR PRADESH VS. JAGDEO [REFERRED TO]
BUR SINGH VS. STATE OF PUNJAB [REFERRED TO]
BHAGALOO LODH VS. STATE OF U P [REFERRED TO]
DAHARI VS. STATE OF U.P [REFERRED TO]
RAJU @ BALACHANDRAN VS. STATE OF TAMIL NADU [REFERRED TO]
GANGABHAVANI VS. RAYAPATI VENKAT REDDY [REFERRED TO]
MANJEET SINGH VS. STATE OF HIMACHAL PRADESH [REFERRED TO]
JODHAN VS. STATE OF M P [REFERRED TO]
SUDHAKAR @ SUDHARASAN VS. STATE [REFERRED TO]
GANAPATHI & ANR. VS. STATE OF TAMIL NADU [REFERRED TO]
LAVGHANBHAI DEVJIBHAI VASAVA VS. STATE OF GUJARAT [REFERRED TO]
JUDGEMENT
Pritinker Diwaker, J. -
(1.)This appeal arises out of impugned judgement and order dated 06.04.2006 passed by the Additional Sessions Judge, Court No.2, Rampur in Sessions Trial No. 267 of 2004, convicting the appellant under Sec. 302 of Penal Code and sentencing him to undergo rigorous imprisonment for life with a fine of Rs. 10,000.00, in default of payment of fine, to undergo one year rigorous imprisonment.
(2.)As per prosecution case, on 18.2.2004 at about 9:00 am, accused-appellant borrowed the bicycle of deceased Irfan and at about 3:15 pm when Irfan demanded back his bicycle, appellant got annoyed with him and caused two firearm injuries on his head and chin, resulting his instantaneous death. Incident has been witnessed by Imran (PW-1), brother of the deceased and Jafar Khan (PW-2) maternal uncle of the deceased. On 18.2.2004, at 4:15 pm, on the basis of written report Ex.Ka.1 lodged by PW-1, FIR Ex.Ka.13 was registered against the appellant under Sec. 302 of IPC.
(3.)Inquest on the dead body of the deceased was conducted vide Ex.Ka.4 on 18.4.2004 and the body was sent for post-mortem, which was conducted vide Ex.Ka.2 on 19.2.2004 by Dr. Rajkumar (PW-3).
(2.)As per prosecution case, on 18.2.2004 at about 9:00 am, accused-appellant borrowed the bicycle of deceased Irfan and at about 3:15 pm when Irfan demanded back his bicycle, appellant got annoyed with him and caused two firearm injuries on his head and chin, resulting his instantaneous death. Incident has been witnessed by Imran (PW-1), brother of the deceased and Jafar Khan (PW-2) maternal uncle of the deceased. On 18.2.2004, at 4:15 pm, on the basis of written report Ex.Ka.1 lodged by PW-1, FIR Ex.Ka.13 was registered against the appellant under Sec. 302 of IPC.
(3.)Inquest on the dead body of the deceased was conducted vide Ex.Ka.4 on 18.4.2004 and the body was sent for post-mortem, which was conducted vide Ex.Ka.2 on 19.2.2004 by Dr. Rajkumar (PW-3).
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